Senate Bill S8352

2023-2024 Legislative Session

Allows certain minors to consent to certain medical, dental, health, and hospital services

download bill text pdf

Sponsored By

Current Bill Status - Stricken


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S8352 (ACTIVE) - Details

See Assembly Version of this Bill:
A6761
Law Section:
Public Health Law
Laws Affected:
Amd §§2504, 2305, 17, 18 & 2168, Pub Health L; amd §§9.13, 22.11, 33.21 & 33.16, Ment Hyg L; amd §§372, 373-a & 366, add §373-b, Soc Serv L; add §3244, Ins L

2023-S8352 (ACTIVE) - Summary

Allows homeless youth to give effective consent to certain medical, dental, health, and hospital services; provides for insurance coverage of such health care services consented to by such youth.

2023-S8352 (ACTIVE) - Sponsor Memo

2023-S8352 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8352
 
                             I N  S E N A T E
 
                             January 19, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health  law,  the  mental  hygiene  law,  the
   social  services  law,  and the insurance law, in relation to allowing
   certain youth to give effective consent to  medical,  dental,  health,
   and/or hospital services and immunizations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 4, 5, and 6 of section 2504 of  the  public
 health law, subdivision 2 as amended by chapter 119 of the laws of 2005,
 subdivision 4 as amended by chapter 623 of the laws of 2019, subdivision
 5 as added and subdivision 6 as renumbered by chapter 521 of the laws of
 1994  and subdivision 6 as added by chapter 769 of the laws of 1972, are
 amended and a new subdivision 8 is added to read as follows:
   2. Any person who has been married or who has borne a child  may  give
 effective  consent for medical, dental, health and hospital services for
 his [or], her, OR THEIR child. Any person who has been designated pursu-
 ant to title fifteen-A of article five of the general obligations law as
 a person in parental relation to a child may  consent  to  any  medical,
 dental, health and hospital services for such child for which consent is
 otherwise  required  [which  are  not:  (a)  major  medical treatment as
 defined in subdivision (a) of section 80.03 of the mental  hygiene  law;
 (b)  electroconvulsive  therapy; or (c) the withdrawal or discontinuance
 of medical treatment which is sustaining life functions].
   4. Medical, dental, health and hospital services may  be  rendered  to
 persons  of  any  age without the consent of a parent, legal guardian or
 person possessing a lawful order of custody when, in  the  [physician's]
 PRACTITIONER'S  judgment, an emergency exists and the person is in imme-
 diate need of medical attention and an attempt to secure  consent  would
 result  in  delay  of  treatment  which  would  increase the risk to the
 person's life or health.
   5. Where not otherwise already authorized by law to do so, any  person
 in  a  parental  relation  to  a  child as defined in section twenty-one
 hundred sixty-four of this chapter and,  (i)  a  grandparent,  an  adult
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

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matthewrobert20
4 months ago

Hands off the children! It’s bad enough that fentanyl is coming over our border where children could and had died from this and children are being manipulated by all the LGBT and CRT propagandas

cely.batista
4 months ago

Parents and legal guardians need to be aware with what is going on with their child. They could be engaging in activities such as unprotected sex, prostitution, considering a sex change, having an abortion, using drugs, making immature decision and this bill will enable them to do things behind their parent's back. There is no need for this bill.

Janelles__Bucci
4 months ago

Selling this as a way to help homeless youth is very untruthful and concerning. We do not coparent with the government. I cannot believe that this is being considered. The person best suited to make a decision for a child is their parent. Perhaps we should drop smoking age limits, drinking age limits, age to marry, weapons, etc if we think the minor can "comprehend the need " for these items?

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